No Fear Act Notice 

On May 15, 2002, Congress enacted the “Notification and Federal Employee 

Antidiscrimination and Retaliation Act of 2002,” which is now known as the No 

FEAR Act. One purpose of the Act is to “require that Federal agencies be 

accountable for violations of antidiscrimination and whistleblower protection 

laws.” Pub. L. 107-174, Summary. In support of this purpose, Congress found 

that “agencies cannot be run effectively if those agencies practice or tolerate 

discrimination.” Pub. L. 107-74, Title I, General Provisions, Section 101(1). 

The Act also requires agencies to provide notice to Federal employees, former 

Federal employees and applicants for Federal employment, rights and 

protections available under Federal antidiscrimination, whistleblower protection 

and retaliation laws. 

Antidiscrimination Laws

A Federal agency cannot discriminate against an employee or applicant with 

respect to the terms, conditions or privileges of employment on the basis of race, 

color, religion, sex, national origin, age, disability, marital status or political 

affiliation. Discrimination on these bases is prohibited by one or more of the 

following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 

U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. If you believe that you 

have been the victim of unlawful discrimination on the basis of race, color, 

religion, sex, national origin or disability, you must contact an Equal Employment 

Opportunity (EEO) counselor with 45 calendar days of the alleged discriminatory 

action, or, in the case of a personnel action, within 45 calendar days of the 

effective date of the action, before you can file a formal complaint of 

discrimination with your agency. See, e.g., 29 CFR §1614. If you believe that 

you have been the victim of unlawful discrimination on the basis of age, you must 

either contact and EEO counselor as noted above or give notice of intent to sue 

to the Equal Employment Opportunity Commission (EEOC) within 180 days of 

the alleged discriminatory action. If you are alleging discrimination based on 

marital status or political affiliation, you may file a written complaint with the U.S. 

Office of Special Counsel (OSC) (see contact information below). In the 

alternative (or in some cases, in addition), you may pursue a discrimination 

complaint by filing a grievance through your agency’s administrative or grievance 

procedures, if such procedures apply and are available. 

Whistleblower Protection Laws 

A Federal employee with authority to take, direct others to take, recommend or 

approve any personnel action must not use that authority to take or fail to take, or 

threaten to take or fail to take, a personnel action against an employee because 

of disclosure of information by that individual that is reasonably believed to 

evidence violations of law, rule or regulation; gross mismanagement; gross waste 

of funds; an abuse of authority; or a substantial and specific danger to public 

health or safety, unless disclosure of such information is specifically prohibited by 
law and such information is specifically required by Executive order to be kept 

secret in the interest of national defense or the conduct of foreign affairs. 

Retaliation against an employee or applicant for making a protected disclosure is 

prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have been the victim of 

whistleblower retaliation, you may file a written complaint (Form OSC-11) with 

the U.S. Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, 

DC 20036-4505 or online through the OSC Web site – www.osc.gov.

Retaliation for Engaging in Protected Activity 

A Federal agency cannot retaliate against an employee or applicant because that 

individual exercises his or her rights under any of the Federal antidiscrimination 

or whistleblower protections laws listed above. If you believe that you are the 

victim of retaliation for engaging in protected activity, you must follow, as 

appropriate, the procedures described in the Antidiscrimination Laws and 

Whistleblower Protection Laws sections or, if applicable, the administrative or 

negotiated grievance procedures in order to pursue any legal remedy. 

Disciplinary Actions

Under the existing laws, each agency retains the right, where appropriate, to 

discipline a Federal employee who has engaged in discriminatory or retaliatory 

conduct, up to and including removal. If OSC has initiated an investigation under 

5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek 

approval from the Special Counsel to discipline employees for, among other 

activities, engaging in prohibited retaliation. Nothing the No FEAR Act alters 

existing laws or permits an agency to take unfounded disciplinary action against 

a Federal employee or to violate the procedural rights of a Federal employee 

who has been accused of discrimination. 

Additional Information 

For further information regarding the No FEAR Act regulations, refer to 5 CFR 

724, as well as the appropriate offices within your agency (Equal Employment 

Opportunity Office, Human Resources Office or Office of General Counsel). 

Additional information regarding Federal antidiscrimination, whistleblower 

protection and retaliation laws can be found at the EEOC web site – 

www.eeoc.gov and the OSC Web site – www.osc.gov. 

Existing Rights Unchanged 

Pursuant to section 205 of the No FEAR Act, neither the Act nor this notice 

creates, expands or reduces any rights otherwise available to any employee, 

former employee or applicant under the laws of the United States, including the 

provision of law specified in 5 U.S.C, 2302(d).